Abstract

INGGRIS:

Judge, when they receiving, examining and deciding a case the judge uses the written law as a basis in the judgment. However, not all problems can be accommodated in the Act. Sometimes problems in society more rapidly than the formation of legislation. To anticipate this, the judge has the right to conduct legal discovery. As the Supreme Court ruling number: 137 / K / AG / 2007 which gives the right to a living waiting period for the wife who filed for divorce is final. Their right to conduct legal discovery is an effort to satisfy the justice of judges as part of a legal purpose. Based on this, researchers interested in conducting research to examine the two issues, the first of the stages of the consideration of judges in performing legal discovery. second, the method used legal discovery judge in cassation decision number: 137 / K / AG / 2007.

This research is a normative reseach that examines decision of judge number: 137 / K / AG / 2007, as an object of study. Methods of data collection in this study using qualitative methods. The data used is secondary data consisting of three legal materials, namely primary legal materials, secondary and tertiary. A Theory of legal discovery becomes a major theory in this study and used as analysis data to answer the formulation of problem.

The results of this study is that a consideration of the judge in making the decision number: 137 / K / AG / 2007, carried out in three stages, namely the stages konstatir, qualify and konstituir. In konstatir stage, it was found that the Justice establishes concrete events based on the results of judicial underneath. In the qualification stage, judges perform legal discovery by providing the right of nafkah iddah to his wife. In terms of Islamic law, the provision of nafkah iddah in line with the opinions imam of Abu Hanifah. In konstituir stage, judges provide legal answer to the problems proposed to him by granting and providing nafkah iddah as printed in the ruling number: 137 / K / AG / 2007. While the legal discovery methods used by the judges is a argumentation method that contains analogy method and narrowing of meaning (Rechtsvervijning). Meaning constriction method used by the judges in deriving the meaning of the word "divorce" in article 41 letter C Law No. 1 of 1974 on Marriage. While the analogy method used to make an analogy between talaq divorce and petition divorce because both have the same element.